Immigration and Asylum Bill - continued        House of Lords
PART VI, SUPPORT FOR ASYLUM-SEEKERS - continued
Expenditure - continued

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Grants to voluntary organisations.     110. - (1) The Secretary of State may make grants of such amounts as he thinks appropriate to voluntary organisations in connection with-
 
 
    (a) the provision by them of support (of whatever nature) to persons who are, or have been, asylum-seekers and to their dependants; and
 
    (b) connected matters.
      (2) Grants may be made on such terms, and subject to such conditions, as the Secretary of State may determine.
 
Recovery of expenditure on support: misrepresentation etc.     111. - (1) This section applies if, on an application made by the Secretary of State, the court determines that-
 
 
    (a) a person ("A") has misrepresented or failed to disclose a material fact (whether fraudulently or otherwise); and
 
    (b) as a consequence of the misrepresentation or failure, support has been provided under section 93 or 97 (whether or not to A).
      (2) If the support was provided by the Secretary of State, the court may order A to pay to the Secretary of State an amount representing the monetary value of the support which would not have been provided but for A's misrepresentation or failure.
 
      (3) If the support was provided by another person ("B") in accordance with arrangements made with the Secretary of State under section 93 or 97, the court may order A to pay to the Secretary of State an amount representing the payment to B which would not have been made but for A's misrepresentation or failure.
 
      (4) "Court" means a county court or, in Scotland, the sheriff.
 
Recovery of expenditure on support from sponsor.     112. - (1) This section applies if-
 
 
    (a) a person ("the sponsor") has given a written undertaking in pursuance of the immigration rules to be responsible for the maintenance and accommodation of another person; and
 
    (b) during any period in relation to which the undertaking applies, support under section 93 is provided to or in respect of that other person.
      (2) The Secretary of State may make a complaint against the sponsor to a magistrates' court for an order under this section.
 
      (3) The court-
 
 
    (a) must have regard to all the circumstances (and in particular to the sponsor's income); and
 
    (b) may order him to pay to the Secretary of State such sum (weekly or otherwise) as it considers appropriate.
      (4) But such a sum is not to include any amount attributable otherwise than to support provided under section 93.
 
      (5) In determining-
 
 
    (a) whether to order any payments to be made in respect of support provided under section 93 for any period before the complaint was made, or
 
    (b) the amount of any such payments,
  the court must disregard any amount by which the sponsor's current income exceeds his income during that period.
 
      (6) An order under this section is enforceable as a magistrates' court maintenance order within the meaning of section 150(1) of the Magistrates' Courts Act 1980.
 
      (7) In the application of this section to Scotland-
 
 
    (a) omit subsection (6);
 
    (b) for references to a complaint substitute references to an application; and
 
    (c) for references to a magistrates' court substitute references to the sheriff.
      (8) In the application of this section to Northern Ireland, for references to a magistrates' court substitute references to a court of summary jurisdiction and for subsection (6) substitute-
 
 
    "(6) An order under this section is an order to which Article 98(11) of the Magistrates' Courts (Northern Ireland) Order 1981 applies."
 
Overpayments.     113. - (1) Subsection (2) applies if, as a result of an error on the part of the Secretary of State, support has been provided to a person under section 93 or 97.
 
      (2) The Secretary of State may recover from a person who is, or has been, a supported person an amount representing the monetary value of support provided to him as a result of the error.
 
      (3) An amount recoverable under subsection (2) may be recovered as if it were a debt due to the Secretary of State.
 
      (4) The Secretary of State may by regulations make provision for other methods of recovery, including deductions from support provided under section 93.
 
 
Exclusions
Exclusion from benefits.     114. - (1) No person is entitled to income-based jobseeker's allowance under the Jobseekers Act 1995 or to-
 
 
    (a) attendance allowance,
 
    (b) severe disablement allowance,
 
    (c) invalid care allowance,
 
    (d) disability living allowance,
 
    (e) income support,
 
    (f) working families' tax credit,
 
    (g) disabled person's tax credit,
 
    (h) a social fund payment,
 
    (i) child benefit,
 
    (j) housing benefit, or
 
    (k) council tax benefit,
  under the Social Security Contributions and Benefits Act 1992 while he is a person to whom this section applies.
 
      (2) No person in Northern Ireland is entitled to-
 
 
    (a) income-based jobseeker's allowance under the Jobseekers (Northern Ireland) Order 1995, or
 
    (b) any of the benefits mentioned in paragraphs (a) to (j) of subsection (1),
  under the Social Security Contributions and Benefits (Northern Ireland) Act 1992 while he is a person to whom this section applies.
 
      (3) This section applies to a person subject to immigration control unless he falls within such category or description, or satisfies such conditions, as may be prescribed.
 
      (4) Regulations under subsection (3) may provide for a person to be treated for prescribed purposes only as not being a person to whom this section applies.
 
      (5) In relation to the benefits mentioned in subsection (1)(f) or (g), "prescribed" means prescribed by regulations made by the Treasury.
 
      (6) In relation to the matters mentioned in subsection (2) (except so far as it relates to the benefits mentioned in subsection (1)(f) or (g)), "prescribed" means prescribed by regulations made by the Department.
 
      (7) Section 175(3) to (5) of the Social Security Contributions and Benefits Act 1992 (supplemental powers in relation to regulations) applies to regulations made by the Secretary of State or the Treasury under subsection (3) as it applies to regulations made under that Act.
 
      (8) Sections 133(2), 171(2) and 172(4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 apply to regulations made by the Department under subsection (3) as they apply to regulations made by the Department under that Act.
 
      (9) "A person subject to immigration control" means a person who is not a national of an EEA State and who-
 
 
    (a) requires leave to enter or remain in the United Kingdom but does not have it;
 
    (b) has leave to enter or remain in the United Kingdom which is subject to a condition that he does not have recourse to public funds;
 
    (c) has leave to enter or remain in the United Kingdom given as a result of a maintenance undertaking; or
 
    (d) has leave to enter or remain in the United Kingdom only as a result of paragraph 17 of Schedule 4.
      (10) "Maintenance undertaking", in relation to any person, means a written undertaking given by another person in pursuance of the immigration rules to be responsible for that person's maintenance and accommodation.
 
 
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